Possession of a Weapon by a Previous Offender Attorney
Man Arrested for Shooting Had Previous Felony Conviction

A man was charged with Possession of a Weapon by a Previous Offender after being arrested for a shooting. Read more about it here.

In Fort Collins and Larimer County, Possession of a Weapon by a Previous Offender is charged when a person with a felony conviction carries, uses or possesses a weapon. A man was recently arrested for this crime, and is facing additional charges of Assault with a Weapon and Theft, after a shooting that occurred in southern Colorado. According to the report, the man is accused of shooting another person, who sustained life threatening injuries from the incident. No details were provided as to motive for the shooting or how the man was connected because the investigation is still going on.

Larimer County Possession of Weapons by Previous Offenders Lawyer: Definition

The Larimer County, Colorado law definition of Possession of Weapons by Previous Offenders – C.R.S. 18-12-108 – is:

A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3)(h) or any other weapon that is subject to the provisions of this article subsequent to the person’s conviction for a felony, or subsequent to the person’s conviction for attempt or conspiracy to commit a felony, under Colorado or any other state’s law or under federal law.

Any person who has a felony conviction on their record, including a juvenile adjudication for a felony crime, is not allowed to possess a weapon, especially a firearm.

Sentence for Possession of a Weapon by Previous Offenders in Fort Collins and Loveland

Possession of a Weapon by Previous Offenders is a felony offense in Fort Collins, Loveland, and Estes Park. This crime is charged as a class 5 felony if the person charged is in possession of a dangerous weapon. It is also a class 5 felony if the person charged has a previous felony conviction of Burglary, Arson, or any other felony involving the use of force or a deadly weapon and the person was charged:

  • Within ten years from the date of conviction if the person was not incarcerated; or
  • Within ten years from the date of release if the person was incarcerated.

Another sentencing issue with this crime is that the sentence must run consecutive to any prior sentences the person is serving. Consecutive sentence means that any prior sentences must be completed before starting to serve the sentence for the Possession of Weapons by a Previous Offender. So, if you are still serving a sentence (probation, community corrections, etc.) when you pick up the new charge, it could extend the time you will be serving for the State of Colorado greatly.

If you or someone you love has been charged with Possession of a Weapon by a Previous Offender, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to set up your free consultation today. Together, we can protect your future.

Photo by Kenny Luo on Unsplash